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Peo v Jennings, Brandon

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					                   Supreme Court of the State of New York
                 Appellate Division: Second Judicial Department
                                                                                                M69064
                                                                                                    F/

A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.



2007-10692
                                                                DECISION & ORDER ON MOTION
The People, etc., respondent,                                         Motion for Poor Person Relief
v Brandon Jennings, appellant.                                               and to Assign Counsel
                                                                            Appeal from Judgment
(Ind. No. 07-00349)




               Motion by the appellant pro se for leave to prosecute an appeal from a judgment of
the Supreme Court, Westchester County, rendered October 11, 2007, as a poor person, and for the
assignment of counsel.

                 Upon the papers filed in support of the motion and the papers filed in relation thereto,
it is

                 ORDERED that the motion is granted; and it is further,

                 ORDERED that the appeal will be heard on the original papers (including a certified
transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are
directed to file nine copies of their respective briefs and to serve one copy on each other; and it is
further,

                  ORDERED that the stenographer of the trial court is directed promptly to make,
certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of
the trial, and of the imposition of sentence in this action, except for those minutes previously
transcribed and certified (see 22 NYCRR 671.9); and it is further,




April 21, 2008                                                                                   Page 1.
                                 PEOPLE v JENNINGS, BRANDON
                ORDERED that in the event that the case was tried to a conclusion before a jury, the
stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during
jury selection; and it is further,

                ORDERED that the Clerk of the trial court shall furnish one certified transcript of
each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70);
assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the
appellant's brief on the respondent; and it is further,

                ORDERED that in the event the stenographer has already prepared a copy of any of
the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof
for assigned counsel; and it is further,

                ORDERED that upon service of a copy of this decision and order upon it, the
Department of Probation is hereby authorized and directed to provide assigned counsel with a copy
of the presentence report prepared in connection with the defendant's sentencing, including the
recommendation sheet and any prior reports on the defendant which are incorporated or referred to
in the report; and it is further,

                 ORDERED that in the event an issue as to the legality, propriety, or excessiveness of
the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a
brief or motion in any other way, counsel shall provide a complete copy of such report and any
attachments to the court and the District Attorney's office prior to the filing of such brief or motion;
and it is further,

               ORDERED that pursuant to County Law § 722 the following named attorney is
assigned as counsel to prosecute the appeal:

                                       Mark Diamond, Esq.
                                          Box 287356
                                        Yorkville Station
                                    New York, New York 10128

and it is further,

                ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel
shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1,
et seq.) and written directions; and it is further,

                ORDERED that in the event the file has been sealed, it is hereby unsealed for the
limited purpose of allowing assigned counsel or his representative access to the record for the
purpose of preparing the appeal; such access shall include permission to copy the papers insofar as
they pertain to the appellant; and it is further,




April 21, 2008                                                                                  Page 2.
                                PEOPLE v JENNINGS, BRANDON
               ORDERED that assigned counsel is directed to serve a copy of this order upon the
Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

                                           ENTER:


                                                        James Edward Pelzer
                                                         Clerk of the Court

Appellant’s address:
07 A 3568
Mt. McGregor Corr. Fac.
1000 Mt. McGregor Road
Box 2071
Wilton, New York 12831




April 21, 2008                                                                         Page 3.
                             PEOPLE v JENNINGS, BRANDON

				
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